Prof.Bhim Singh, Chief Patron of National Panthers Party & Executive Chairman of State Legal Aid Committee, J&K called on Shri Ramnath Kovind, the President of India this morning and submitted two-page memorandum urging on the President to exercise constitutional power vested in him by virtue of Clause (3) in Article 370. He strongly argued that proviso contained at the bottom of Article 370(3) has ceased after the Constitution of J&K was promulgated on January 26, 1957.
The Constituent Assembly has ceased to operate in J&K as it happened vis-à-vis the Constituent Assembly of India on January 26, 1950 when Constitution of India was promulgated.
He told the President of India that people of J&K are nationalists, secular, peace-loving but have remained without the cover of Fundamental Rights which are available to every citizen of India. He said that one of the causes of the anger of the Indian citizens, particularly hailing from Kashmir province is that J&K has been denied Fundamental Rights enshrined in Chapter-III of the Indian Constitution. The President of India was very cordial, kind and assured that he shall take appropriate decision in this matter. The memorandum which was submitted by Prof.Bhim Singh to the President of India said that;
“I would like to express my gratitude to Your Excellency for granting me an opportunity to present my views on constitutional relationship between the Union of India and the State of J&K and what needs to be done to integrate the State of J&K in the interest of integrity of the nation.
The ruler of J&K in 1947 signed the Instrument of Accession on October 26, 1947. All the state rulers at that time had signed a similar document called ‘Instrument of Accession’.
That 575 states were merged as Union of India except State of J&K. Even those states which signed the Instrument of Accession after the State of J&K signed it were merged into the Union of India. State of Baroda had signed the Instrument of Accession in 1948. J&K was left out.
Article 370 was inserted into the Constitution of India which restricted the powers of the Parliament to the legislate in respect of J&K.
The fact was that the Parliament was deprived of all the legislative powers vis-à-vis Jammu and Kashmir. Clause (3) of Article 370.